Women and the workplace

THERE ARE MYRIAD ways that women are discriminated against at the workplace. The prohibition on them working night shifts is but one of a long list of discriminatory practices that women have suffered. The prohibition has often been dressed up as a concession to women - to save them the tribulations of working the so-called ``graveyard shift''. But in reality the ban has only served to reinforce gender bias and prevent women from realising their full potential. Given this, the ruling of Madras High Court - which struck down as unconstitutional a Section in the Factories Act which prohibited industrial establishments from placing women on night shifts - will be applauded by all those in favour of equity at the workplace. The ruling held that barring women from working night shifts constituted a denial of employment in violation of Article 15 of the Constitution, which prohibits discrimination on the grounds of sex. Since the petitions in the case were filed by both women's groups and some factories, the ruling will find favour with both feminists and those industries which felt restricted by the impugned Section in the Factories Act.

Most laws which prevent women from working at nighttime were fashioned a long while back and in very different social circumstances. In recent times, a number of countries have taken steps to end restrictions on women's working hours. Japan, for instance, recently passed legislation reversing the ban on women working night shifts, which feminist groups in the country felt had prevented women from excelling and earning managerial positions in many industries. In India, sections of the IT sector have been clamouring for permitting women to work night shifts for some time now. The global nature of the software business, which requires interacting with clients across the world in different time zones, makes flexible working hours and employing women during night shifts a compelling necessity. Some State Governments have already initiated steps to make this possible. For example, the Karnataka Government has drafted legislation to permit women to work night shifts in the IT sector. And the Maharashtra Government has proposed the amendment of the Shop and Establishment Act to do likewise.

Iniquitous laws, even if originally drafted to prevent the exploitation of women, have no place in the altered social paradigm. At the same time, however, it is extremely important to ensure that permitting women to work night shifts is accompanied by the necessary steps to make their work environment secure and comfortable. Measures to deter sexual harassment must be implemented and services such as transport facilities must be made available. Significantly, the Madras High Court was alive to the danger of permitting women to work night shifts without the necessary facilities and safeguards. The Court has directed employers to provide canteen, transport and medical facilities for women. Just as importantly, the Court has issued a few guidelines to discourage the possibility of sexual harassment by ruling that women should not be employed in less than batches of ten and directing employers to set up a complaint mechanism to deal with charges of those victimised sexually. It was the Supreme Court in 1997 that defined sexual harassment and directed employers, both public and private, to take steps to prevent it. It is only natural that any decision which increases the risk of women being subject to sexual harassment be accompanied by firm measures to minimise this danger. As long as women are provided safe and comfortable working environments, there is no reason to prevent them from working night shifts.

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Section  : Opinion
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